No person shall be eligible as a candidate for the office of
prosecuting attorney, or shall be elected to such office, who is not an
attorney at law licensed to practice law in this state. No prosecuting attorney
shall be a member of the general assembly of this state or mayor of a municipal
corporation.

Before entering upon the discharge of his duties, the
prosecuting attorney shall give a bond, signed by a bonding or surety company
approved by the court of common pleas or the probate court and authorized to do
business in this state, or, at his option, signed by two or more freeholders
having real estate in the value of double the amount of the bond over and above
all encumbrances to the state. Such bond shall be in a sum not less than one
thousand dollars, to be fixed by the court of common pleas or the probate court
and conditioned that such prosecuting attorney will faithfully discharge all
the duties enjoined upon him by law, and pay over all moneys received by him in
his official capacity. The expense or premium for such bond shall be paid by
the board of county commissioners, and shall be charged to the general fund of
the county. Such bond, with the approval of such court and the oath of office
required by sections
3.22 and
3.23 of the
Revised Code indorsed thereon, shall be deposited with the county treasurer.

On complaint, in writing, signed by one or more taxpayers,
containing distinct charges and specifications of wanton and willful neglect of
duty or gross misconduct in office by the prosecuting attorney, supported by
affidavit and filed in the court of common pleas, the court shall assign the
complaint for hearing and shall cause reasonable notice of the hearing to be
given to the prosecuting attorney of the time fixed by the court for the
hearing. At the time so fixed, or to which the court adjourns the hearing, the
court shall hear the evidence adduced by the complainants and the prosecuting
attorney. The court may consider motions for judgment on the pleadings made
pursuant to Civil Rule 12, motions to dismiss made pursuant to Civil Rule 41,
and motions for summary judgment made pursuant to Civil Rule 56 that are filed
before the hearing. If it appears that the prosecuting attorney has willfully
and wantonly neglected to perform the prosecuting attorney's duties, or has
been guilty of gross misconduct in office, the court shall remove the
prosecuting attorney from office and declare the office vacant. Otherwise the
complaint shall be dismissed, and the court shall render judgment against the
losing party for costs.

If a complaint to remove a prosecuting attorney is dismissed
because the complainant or complainants failed to file an affidavit in support
of the complaint, the dismissal shall be without prejudice.

(A)
On or
before the first Monday in January of each year, the judge of the court of
common pleas or, if there is more than one judge, the judges of the court of
common pleas in joint session may fix an aggregate sum to be expended for the
incoming year for the compensation of assistants, clerks, and stenographers of
the prosecuting attorney's office.

The prosecuting attorney may appoint any assistants, clerks,
and stenographers who are necessary for the proper performance of the duties of
his office and fix their compensation, not to exceed, in the aggregate, the
amount fixed by the judges of the court of common pleas. The compensation,
after being so fixed, shall be paid to the assistants, clerks, and
stenographers biweekly from the general fund of the county treasury, upon the
warrant of the county auditor.

(B)
Subject to section
2921.421 of the Revised Code, a
prosecuting attorney may appoint, as an assistant prosecuting attorney, clerk,
stenographer, or other employee, a person who is an associate or partner of, or
who is employed by, the prosecuting attorney or an assistant prosecuting
attorney in the private practice of law in a partnership, professional
association, or other law business arrangement.

The prosecuting attorney may appoint secret service officers
whose duty it shall be to aid him in the collection and discovery of evidence
to be used in the trial of criminal cases and matters of a criminal nature.
Such appointment shall be made for such term as the prosecuting attorney deems
advisable, and subject to termination at any time by such prosecuting attorney.
The compensation of said officers shall be fixed by the judge of the court of
common pleas, or, if there is more than one judge, such compensation shall be
fixed by the judges of such court in joint session, and shall not be less than
one hundred twenty-five dollars per month for the time actually occupied in
such service nor more than seventy-five per cent of the salary of the
prosecuting attorney for a year. Such salary shall be payable monthly, out of
the county fund, upon the warrant of the county auditor.

(A)
The prosecuting attorney may inquire into
the commission of crimes within the county. The prosecuting attorney shall
prosecute, on behalf of the state, all complaints, suits, and controversies in
which the state is a party, except for those required to be prosecuted by a
special prosecutor pursuant to section
177.03 of the Revised Code or by
the attorney general pursuant to section
109.83 of the Revised Code, and
other suits, matters, and controversies that the prosecuting attorney is
required to prosecute within or outside the county, in the probate court, court
of common pleas, and court of appeals. In conjunction with the attorney
general, the prosecuting attorney shall prosecute in the supreme court cases
arising in the prosecuting attorney's county, except for those cases required
to be prosecuted by a special prosecutor pursuant to section
177.03 of the Revised Code or by
the attorney general pursuant to section
109.83 of the Revised Code.

In every case of conviction, the prosecuting attorney forthwith
shall cause execution to be issued for the fine and costs, or costs only, as
the case may be, and faithfully shall urge the collection until it is effected
or found to be impracticable to collect. The prosecuting attorney forthwith
shall pay to the county treasurer all moneys belonging to the state or county
which come into the prosecuting attorney's possession.

The prosecuting attorney or an assistant prosecuting attorney
of a county may participate, as a member of the investigatory staff of an
organized crime task force established under section
177.02 of the Revised Code that has
jurisdiction in that county, in an investigation of organized criminal activity
under sections
177.01 to
177.03 of the Revised Code.

(B)
The prosecuting attorney may
pay a reward to a person who has volunteered any tip or information to a law
enforcement agency in the county concerning a drug-related offense that is
planned to occur, is occurring, or has occurred, in whole or in part, in the
county. The prosecuting attorney may provide for the payment, out of the
following sources, of rewards to a person who has volunteered tips and
information to a law enforcement agency in the county concerning a drug-related
offense that is planned to occur, is occurring, or has occurred, in whole or in
part, in the county:

(1)
The law enforcement
trust fund established by the prosecuting attorney pursuant to division (C)(1)
of section
2981.13 of the Revised Code;

(2)
The portion of any mandatory
fines imposed pursuant to divisions (B)(1) and (2) of section
2929.18 or Chapter 2925. of the
Revised Code that is paid to the prosecuting attorney pursuant to that division
or chapter, the portion of any additional fines imposed under division (A) of
section 2929.18 of the Revised Code that
is paid to the prosecuting attorney pursuant to that division, or the portion
of any fines imposed pursuant to division (A) of section
2925.42 of the Revised Code that
is paid to the prosecuting attorney pursuant to division (B) of that section;

(3)
The furtherance of justice
fund allowed to the prosecuting attorney under section
325.12 of the Revised Code or any
additional funds allowed to the prosecuting attorney under section
325.13 of the Revised Code;

(4)
Any other moneys lawfully in
the possession or control of the prosecuting attorney.

(C)
As used in division (B) of this section,
"drug-related offense" means any violation of Chapter 2925. or 3719. of the
Revised Code or any violation of a municipal ordinance that is substantially
equivalent to any section in either of those chapters.

(A)
The prosecuting attorney shall be the legal adviser of the board of county
commissioners, board of elections, all other county officers and boards, and
all tax-supported public libraries, and any of them may require written
opinions or instructions from the prosecuting attorney in matters connected
with their official duties. The prosecuting attorney shall prosecute and defend
all suits and actions that any such officer, board, or tax-supported public
library directs or to which it is a party, and no county officer may employ any
other counsel or attorney at the expense of the county, except as provided in
section 305.14 of the Revised Code.

(1)
The prosecuting attorney shall be the legal adviser for all township officers,
boards, and commissions, unless, subject to division (B)(2) of this section,
the township has adopted a limited home rule government pursuant to Chapter
504. of the Revised Code and has not entered into a contract to have the
prosecuting attorney serve as the township law director, in which case, subject
to division (B)(2) of this section, the township law director, whether serving
full-time or part-time, shall be the legal adviser for all township officers,
boards, and commissions. When the board of township trustees finds it advisable
or necessary to have additional legal counsel, it may employ an attorney other
than the township law director or the prosecuting attorney of the county,
either for a particular matter or on an annual basis, to represent the township
and its officers, boards, and commissions in their official capacities and to
advise them on legal matters. No such legal counsel may be employed, except on
the order of the board of township trustees, duly entered upon its journal, in
which the compensation to be paid for the legal services shall be fixed. The
compensation shall be paid from the township fund.

Nothing in this
division confers any of the powers or duties of a prosecuting attorney under
section 309.08 of the Revised Code upon a township law director.

(a)
If any township in the county served by the prosecuting attorney has adopted
any resolution regarding the operation of adult entertainment establishments
pursuant to the authority that is granted under section 503.52 of the Revised
Code or if a resolution of that nature has been adopted under section 503.53 of
the Revised Code in a township in the county served by the prosecuting
attorney, all of the following apply:

(i)
Upon the request of a township in the county that has adopted, or in which has
been adopted, a resolution of that nature that is made pursuant to division
(E)(1)(c) of section 503.52 of the Revised Code, the prosecuting attorney shall
prosecute and defend on behalf of the township in the trial and argument in any
court or tribunal of any challenge to the validity of the resolution. If the
challenge to the validity of the resolution is before a federal court, the
prosecuting attorney may request the attorney general to assist the prosecuting
attorney in prosecuting and defending the challenge and, upon the prosecuting
attorney's making of such a request, the attorney general shall assist the
prosecuting attorney in performing that service if the resolution was drafted
in accordance with legal guidance provided by the attorney general as described
in division (B)(2) of section 503.52 of the Revised Code. The attorney general
shall provide this assistance without charge to the township for which the
service is performed. If a township adopts a resolution without the legal
guidance of the attorney general, the attorney general is not required to
provide assistance as described in this division to a prosecuting
attorney.

(ii)
Upon the
request of a township in the county that has adopted, or in which has been
adopted, a resolution of that nature that is made pursuant to division
(E)(1)(a) of section 503.52 of the Revised Code, the prosecuting attorney shall
prosecute and defend on behalf of the township a civil action to enjoin the
violation of the resolution in question.

(iii)
Upon
the request of a township in the county that has adopted, or in which has been
adopted, a resolution of that nature that is made pursuant to division
(E)(1)(b) of section 503.52 of the Revised Code, the prosecuting attorney shall
prosecute and defend on behalf of the township a civil action under Chapter
3767. of the Revised Code to abate as a nuisance the place in the
unincorporated area of the township at which the resolution is being or has
been violated. Proceeds from the sale of personal property or contents seized
pursuant to the action shall be applied and deposited in accordance with
division (E)(1)(b) of section 503.52 of the Revised Code.

(b)
The provisions of division (B)(2)(a) of this section apply regarding all
townships, including townships that have adopted a limited home rule government
pursuant to Chapter 504. of the Revised Code, and regardless of whether a
township that has so adopted a limited home rule government has entered into a
contract with the prosecuting attorney as described in division (B) of section
504.15 of the Revised Code or has appointed a law director as described in
division (A) of that section.

The prosecuting
attorney shall prosecute and defend in the actions and proceedings described in
division (B)(2)(a) of this section without charge to the township for which the
services are performed.

(C)
Whenever the board of county commissioners employs an attorney other than the
prosecuting attorney of the county, without the authorization of the court of
common pleas as provided in section 305.14 of the Revised Code, either for a
particular matter or on an annual basis, to represent the board in its official
capacity and to advise it on legal matters, the board shall enter upon its
journal an order of the board in which the compensation to be paid for the
legal services shall be fixed. The compensation shall be paid from the county
general fund. The total compensation paid, in any year, by the board for legal
services under this division shall not exceed the total annual compensation of
the prosecuting attorney for that county.

(D)
The prosecuting attorney and the board of county commissioners jointly may
contract with a board of park commissioners under section 1545.07 of the
Revised Code for the prosecuting attorney to provide legal services to the park
district the board of park commissioners operates.

(E)
The prosecuting attorney may be, in the prosecuting attorney's discretion and
with the approval of the board of county commissioners, the legal adviser of a
joint fire district created under section 505.371 of the Revised Code at no
cost to the district or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter into, and that
the board of county commissioners approves, to authorize the
prosecuting attorney to provide legal services to the district.

(F)
The prosecuting attorney may be, in the prosecuting attorney's discretion and
with the approval of the board of county commissioners, the legal adviser of a
joint ambulance district created under section 505.71 of the Revised Code at no
cost to the district or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter into, and that
the board of county commissioners approves, to authorize the prosecuting
attorney to provide legal services to the district.

(G)
The prosecuting attorney may be, in the prosecuting attorney's discretion and
with the approval of the board of county commissioners, the legal adviser of a
joint emergency medical services district created under section 307.052 of the
Revised Code at no cost to the district or may be the legal adviser to the
district under a contract that the prosecuting attorney and the district enter
into, and that the board of county commissioners approves, to authorize the
prosecuting attorney to provide legal services to the district.

(H)
The prosecuting attorney may be, in the prosecuting attorney's discretion and
with the approval of the board of county commissioners, the legal adviser of a
fire and ambulance district created under section 505.375 of the Revised Code
at no cost to the district or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter into, and that
the board of county commissioners approves, to authorize the prosecuting
attorney to provide legal services to the district.

(I)
All money received pursuant to a contract entered into under division (D), (E),
(F), (G), or (H) of this section shall be deposited into the prosecuting
attorney's legal services fund, which shall be established in the county
treasury of each county in which such a contract exists. Moneys in that fund
may be appropriated only to the prosecuting attorney for the purpose of
providing legal services to a park district, joint fire district, joint
ambulance district, joint emergency medical services district, or a fire and
ambulance district, as applicable, under a contract entered into under the
applicable division.

(J)
The prosecuting attorney shall be the legal advisor of
a lake facilities authority as provided in section 353.02 of the Revised
Code.

Sections
309.08 and
309.09 of the Revised Code do not
prevent a school board from employing counsel to represent it, but when counsel
is employed, the counsel shall be paid by the school board from the school
fund. Sections
309.08 and
309.09 of the Revised Code do not
prevent a county board of developmental disabilities from employing counsel to represent it,
but that counsel shall be employed in accordance with division (C) of section
305.14 and paid in accordance with
division (A)(7) of section
5126.05 of the Revised Code.

Sections
309.08 and
309.09 of the Revised Code do not
prevent a board of county hospital trustees from employing counsel with the
approval of the county commissioners to bring legal action for the collection
of delinquent accounts of the hospital, but when counsel is employed, the
counsel shall be paid from the hospital's funds. Sections
309.08 and
309.09 of the Revised Code do not
prevent a board of library trustees from employing counsel to represent it, but
when counsel is employed, the counsel shall be paid from the library's funds.
Sections 309.08 and
309.09 of the Revised Code do not
prevent the appointment and employment of assistants, clerks, and stenographers
to assist the prosecuting attorney as provided in sections
309.01 to
309.16 of the Revised Code, or the
appointment by the court of common pleas or the court of appeals of an attorney
to assist the prosecuting attorney in the trial of a criminal cause pending in
that court, or the board of county commissioners from paying for those
services.

The prosecuting attorney shall prepare, in legal form, the
official bonds for all county officers, and shall see that the acceptance of
such bonds by the proper authorities, the signing thereof, and all the
indorsements thereon, are in conformity to law, and that they are deposited
with the proper officer. No bond shall be accepted or approved for any county
officer by the person or tribunal authorized to approve it, until the
prosecuting attorney has inspected it, and certified thereon that such bond is
sufficient. In case of a vacancy in the office of prosecuting attorney or of
the absence or disability of the prosecuting attorney, such duties shall be
discharged by the probate judge.

Upon being satisfied that funds of the county, or public moneys
in the hands of the county treasurer or belonging to the county, are about to
be or have been misapplied, or that any such public moneys have been illegally
drawn or withheld from the county treasury, or that a contract, in
contravention of law, has been executed or is about to be entered into, or that
such a contract was procured by fraud or corruption, or that any property, real
or personal, belonging to the county is being illegally used or occupied, or
that such property is being used or occupied in violation of contract, or that
the terms of a contract made by or on behalf of the county are being or have
been violated, or that money is due the county, the prosecuting attorney may,
by civil action in the name of the state, apply to a court of competent
jurisdiction, to restrain such contemplated misapplication of funds, or the
completion of such illegal contract, or to recover, for the use of the county,
all public moneys so misapplied or illegally drawn or withheld from the county
treasury, or to recover damages, for the benefit of the county, resulting from
the execution of such illegal contract, or to recover, for the benefit of the
county, such real or personal property so used or occupied, or to recover for
the benefit of the county, damages resulting from the nonperformance of the
terms of such contract, or to otherwise enforce it, or to recover such money as
is due the county.

If the prosecuting attorney fails, upon the written request of
a taxpayer of the county, to make the application or institute the civil action
contemplated in section
309.12 of the Revised Code, the
taxpayer may make such application or institute such civil action in the name
of the state, or, in any case wherein the prosecuting attorney is authorized to
make such application, such taxpayer may bring any suit or institute any such
proceedings against any county officer or person who holds or has held a county
office, for misconduct in office or neglect of his duty, to recover money
illegally drawn or illegally withheld from the county treasury, and to recover
damages resulting from the execution of such illegal contract.

If such prosecuting attorney fails upon the written request of
a taxpayer of the county, to bring such suit or institute such proceedings, or
if for any reason the prosecuting attorney cannot bring such action, or if he
has received and unlawfully withheld moneys belonging to the county, or has
received or drawn public moneys out of the county treasury which he is not
lawfully entitled to demand and receive, a taxpayer, upon securing the costs,
may bring such suit or institute such proceedings, in the name of the state.
Such action shall be for the benefit of the county, as if brought by the
prosecuting attorney.

If the court hearing such case is satisfied that such taxpayer
is entitled to the relief prayed for in his petition, and judgment is ordered
in his favor, he shall be allowed his costs, including a reasonable
compensation to his attorney.

When trees standing or growing on any land belonging to the
state, or to any school district, are, without lawful authority, cut down, or
in any way injured, the prosecuting attorney shall prosecute the wrongdoer, and
shall seize all timber so cut down, if it can be found, and sell it at public
vendue, on five days' notice. The prosecuting attorney shall pay the proceeds
of such sale into the state treasury to the credit of the general revenue fund,
or into the county treasury to the credit of the school district, as the case
may be.

On or before the first day of September in each year, if so
required by the attorney general by a written notice given on or before the
first day of August, the prosecuting attorney shall transmit to the attorney
general a report of all crimes prosecuted by indictment or information in his
county for the year ending the first day of July, specifying:

The attorney general may prepare and forward to the prosecuting
attorney the necessary blanks and instructions for such annual reports.
Prosecuting attorneys shall furnish to the attorney general any information he
requires in the execution of his office, whenever such information is requested
by him.

(A)
On the first Monday of September in each
year, each prosecuting attorney shall make a certified statement to the board
of county commissioners specifying:

(1)
The
number of criminal prosecutions pursued to final conviction and sentence under
his official care, during the year next preceding the time of making such
statement. In such statement the prosecuting attorney shall name the parties to
each prosecution, the amount of fine assessed in each case, the number of
recognizances forfeited, and the amount of money collected in each case.

(2)
With respect to the offenses
set forth in sections
2909.02 and
2909.03 of the Revised Code, such
statement shall also include the following information:

(a)
The number of fires occurring in the
county for which the state fire marshal or an assistant state fire marshal has
determined there was evidence sufficient to charge a person with aggravated
arson or arson;

(b)
The number of
cases under sections
2909.02 and
2909.03 of the Revised Code
presented by the prosecuting attorney to the grand jury for indictment;

(c)
The number of indictments
under such sections returned by the grand jury;

(d)
The number of cases under such sections
prosecuted either by indictment or by information by the prosecuting attorney;

(e)
The number of cases under such
sections resulting in final conviction and sentence and the number of cases
resulting in acquittals;

(f)
The
number of cases under such sections dismissed or terminated without a final
adjudication as to guilt or innocence.

(B)
The prosecuting attorney shall also
transmit to the state fire marshal on or before the first Monday of September
in each year all information relative to the crimes under such sections
required to be reported to the board of county commissioners pursuant to
division (A)(2) of this section.

(C)
For purposes of divisions (A)(2) and (B)
of this section, sections
2909.02 and
2909.03 of the Revised Code
include a conspiracy or attempt to commit, or complicity in the commission of,
arson or aggravated arson under sections
2923.01 to
2923.03 of the Revised Code.

(D)
If the prosecuting attorney
fails to make reports at the time and in the manner required by this section,
he shall forfeit and pay not less than one hundred nor more than five hundred
dollars, to be recovered in a civil action in the name of the board.

When the prosecuting attorney of a county is informed that a
person has in his possession money or other property belonging to a person
found dead within such county, upon whose estate no letters of administration
have been issued, the prosecuting attorney, by notice in writing, shall require
the person having such money or other property to deposit it with the probate
court. If within fifteen days such person does not comply with such
requirement, the prosecuting attorney shall bring suit in the court of common
pleas, in the name of the state, for the recovery thereof, and, when recovered,
it shall be at the disposition of the probate court.

(A)
If a prosecuting attorney of a county
receives notice from the sheriff of the county pursuant to section
341.011 of the Revised Code that a
person indicted for or otherwise charged with an offense of violence that is a
felony and that was committed in the county has escaped from the county jail or
workhouse or otherwise has escaped from the custody of the sheriff or receives notice from a chief of police or
other chief law enforcement officer of a municipal corporation pursuant to
section 753.19 of the Revised Code that a
person indicted for or otherwise charged with an offense of violence that is a
felony and that was committed in the county has escaped from a jail or
workhouse of that municipal corporation or otherwise has escaped from the
custody of that municipal corporation, the prosecuting attorney shall notify
each victim of an offense of violence that is a felony committed by that person
of the person's escape and, if applicable, of the person's
subsequent apprehension. The notice of escape shall be given as soon as
possible after receipt of the notice from the department, sheriff, or chief law
enforcement officer of the municipal corporation and shall be given by
telephone or in person, except that, if a prosecuting attorney tries and fails
to give the notice of escape by telephone at the victim's last known telephone
number or tries and fails to give the notice of escape in person at the
victim's last known address, the notice of escape shall be given to the victim
at the
victim's last known address by certified mail, return receipt requested.
The notice of apprehension shall be given as soon as possible after the person
is apprehended and shall be given in the same manner as is the notice of
escape.

Any prosecuting attorney
who fails to give any notice required by this division is
immune from civil liability for any injury, death, or loss to person or
property that might be incurred as a result of that failure to give
notice.

(B)
If a
prosecuting attorney of a county receives notice from the department of
rehabilitation and correction pursuant to section
5120.14 of the Revised Code or
otherwise receives notice from the department that a person who was convicted
of or pleaded guilty in that county to an offense of violence that is a felony
has escaped from a correctional institution under the control of the department
or otherwise has escaped from the custody of the department, and if the office
of victim services of the department requests assistance from the prosecuting
attorney in identifying and locating the victim of the offense, the prosecuting
attorney promptly shall provide the information requested, if available, to the
office of victim services.